Legal Question in Wills and Trusts in Michigan

What is the statute of limitations in Michigan for contesting a will?

I was named on a former will made by my mother that was enforce for 17 years. Upon her death I found out that her will had been changed approx. 1 year and 7 months beforehand. The new will divided her estate equally between her surviving brother and myself. I suspect that she was influenced by both her brother and her sister-in-law to add them to her new will. The sister-in-law also had financial Power of Attorney prior to my mother's death. Shouldn't I have been notified about this change in writing as a matter of fairness.?Also, I feel I can prove that my mother was not compentent at the time to change her will based upon the fact that he brain had atrophied and she most probably had Dementia. How long do I have to contest this will in the state of Michigan? Due to the laws of descent am I recognized as a person with standing in this case, over a brother? What needs to be done at this point in time. The will has been already introduced into the local Probate Court system. I am at a disadvantage because I am currently outside of the country.l Please advise. Thank you.


Asked on 4/26/09, 10:34 am

2 Answers from Attorneys

John Tatone John R. Tatone & Associates PLC

Re: What is the statute of limitations in Michigan for contesting a will?

I have several clients that do not reside in michigan that are involved with probating estates. E-mail and Fedex have proven effective. Let me know if you would like my help with the estate. visit johntatone.com

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Answered on 4/27/09, 10:58 am
Timothy Klisz Klisz Law Office, PLLC

Re: What is the statute of limitations in Michigan for contesting a will?

if the matter is currently in court, you can contest the will. Being out of the country will pose some logistical problems, but is not impossible. Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 4/26/09, 10:42 am


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